New Zealand Gambling Act 2003: How Gambling Is Regulated

The New Zealand Gambling Act 2003 is the main law that governs most gambling in the country, from raffles and pub pokies to casinos and the national lottery. It sets out which activities are allowed, who may run them, how they are licensed and how harm from gambling is to be minimised. In this guide we explain, in plain language, what the Act does, who enforces it, how the four “classes” of gambling work, what is prohibited, and how a newer law — the Online Casino Gambling Act 2026 — now sits alongside it for online casinos.

What is the Gambling Act 2003?

The Gambling Act 2003 is a single statute that brings almost all land-based gambling in New Zealand under one set of rules. It received Royal assent on 18 September 2003 and is administered day to day by the Department of Internal Affairs (DIA). The full text is published on the government’s official legislation website, legislation.govt.nz.

The Act has four stated purposes that run through every section: to control the growth of gambling, to prevent and minimise the harm it causes (including problem gambling), to make sure money from gambling benefits the community, and to keep gambling honest and free of crime. These aims explain why the law limits prizes, requires licences for higher-value activities and directs much of the proceeds to community grants.

Which laws did the 2003 Act replace?

The Gambling Act 2003 integrated and replaced two older statutes: the Gaming and Lotteries Act 1977 and the Casino Control Act 1990. Bringing them together into one law removed overlaps and created a single, consistent framework for everything from small community raffles to large casinos.

Racing and sports betting were kept separate. They were administered under racing-specific legislation and are now governed by the Racing Industry Act 2020, with betting run through TAB NZ. This is why a bet on a horse race follows slightly different rules from a spin on a pub pokie.

Who regulates gambling under the Act?

Two bodies share responsibility, and it helps to keep them separate. The Department of Internal Affairs (DIA) is the main regulator: it licenses operators, sets game rules and equipment standards, inspects venues and enforces the law. The Gambling Commission is an independent decision-making body established by the Act; it approves casino licences and conditions and hears appeals against DIA decisions on Class 3 and Class 4 gambling.

In short, the DIA does the licensing and compliance work, while the Commission acts more like an independent tribunal for the most significant decisions. You can read more about the role of the New Zealand Gambling Commission and how it fits into the system.

The four classes of gambling explained

The Act sorts non-casino, non-lottery gambling into four classes based on how much money is involved and how much risk of harm it carries. The higher the stakes, the stricter the rules. The table below summarises each class; the sections underneath explain them in more detail.

Class 1 — low-value, no licence

Class 1 covers the smallest, lowest-risk gambling, such as a workplace sweepstake or a small raffle. No licence is needed because both the total prizes and the potential turnover for a single session must stay at or below $500. Individuals or societies can run Class 1 gambling, and no one may take a commission for organising it.

Class 2 — community raffles and housie

Class 2 is society-run gambling of moderate value, such as larger raffles or housie (bingo). It does not require a licence, but the limits are higher than Class 1: prizes fall between $500 and $5,000, and potential turnover can be up to $25,000. Only societies — not individuals — may run Class 2 gambling, and the proceeds must go to authorised community, charitable or similar purposes.

Class 3 — larger society gambling (licence required)

Class 3 is where licensing begins. It applies to society-run gambling in which the prizes exceed $5,000, for example a large charity lottery. A Class 3 operator’s licence from the DIA is required, and the proceeds must be applied to authorised community purposes. Importantly, Class 3 is not casino gambling — a common misunderstanding. Casino table games such as blackjack and roulette are regulated under the separate casino rules described below, not as Class 3.

Class 4 — non-casino pokies

Class 4 covers gaming machines — “pokies” — operated outside casinos, typically in pubs, clubs and TAB venues. It is the most tightly controlled class: it needs both an operator’s licence and a venue licence, and a large share of the proceeds must be returned to the community as grants. Many local councils also apply “sinking lid” policies that gradually reduce the number of Class 4 venues and machines over time. If you want the practical side, see our guide to non-casino pokie machines.

Where do casinos and Lotto fit?

Casinos and the New Zealand Lotteries Commission (which runs Lotto, Powerball and Instant Kiwi) sit outside the four-class system and have their own rules within the Act. One of the Act’s lasting effects is that no new casino licences may be issued — New Zealand’s six casinos are effectively capped, so the industry cannot grow by opening new venues. Lotteries Commission products, meanwhile, are allowed to be sold online, which is why you can legally play Lotto online through the official channel.

What gambling is prohibited in New Zealand?

Any gambling that the Act does not expressly allow is unlawful. Three forms are specifically singled out as prohibited gambling.

Bookmaking

Bookmaking — taking bets and setting odds on events such as sport and racing as a private operator — is prohibited. Legal sports and race betting in New Zealand is channelled through TAB NZ under the Racing Industry Act 2020, so a private “bookie” operating outside that framework is breaking the law.

Remote interactive gambling

Remote interactive gambling means gambling conducted at a distance through a communication device such as the internet or a phone. The Act makes it unlawful to operate this kind of gambling from within New Zealand, with narrow exceptions historically allowed for the TAB and the Lotteries Commission. The offence falls on the operator, not on an individual placing a bet. This provision is the reason there were, for many years, no New Zealand-based online casinos — a gap that the 2026 reforms now address directly.

Advertising overseas gambling

Under section 16 of the Act, it is an offence to advertise overseas gambling or an overseas gambling operator in New Zealand. The DIA has described the penalty as a fine of up to $10,000 on conviction. There are limited exceptions (for example, incidental mentions such as a tourism advertisement that happens to name a casino), but actively promoting an offshore gambling site to New Zealanders is not permitted.

How does the Act reduce gambling harm?

Harm minimisation is one of the Act’s core purposes, and it appears in several concrete requirements. Operators must have policies to identify and help problem gamblers, venues must display help information, and a levy on gambling profits funds research, education and treatment services. Age limits, prize caps, licensing and the community-return rules all work together to keep gambling contained and accountable. For practical tools and support, see our overview of responsible gambling.

Online casinos and the Online Casino Gambling Act 2026

The biggest recent change is that online casino gambling is no longer governed only by the 2003 Act. The Online Casino Gambling Act 2026 came into force on 1 May 2026 and creates, for the first time, a licensing system for online casinos serving New Zealand players. Under it, a limited number of licences (up to 15) are awarded through a DIA-run process, licences are personal and non-transferable, and strict ownership limits apply.

The transition is staged. Casinos that already served New Zealand customers before 1 May 2026 could keep operating during a transition period but could not advertise to New Zealanders, and from 1 December 2026 only licensed operators may serve the New Zealand market — all others must exit. The DIA maintains a public register of licensed casinos, and licensed sites must display a unique registration mark. Operating or advertising without a licence after the deadline carries large civil penalties. For what this means in practice, read our explainer on what New Zealand’s new online casino rules mean for players, and our guide to judging whether online casinos are safe.

What is the minimum gambling age in New Zealand?

The minimum age depends on the activity. You must be 18 or over to play non-casino pokies, to bet with the TAB and to buy Instant Kiwi tickets. For casinos, the minimum age to enter the gambling area is 20. Under the 2026 online casino rules, the minimum age for licensed online casino play is 18.

Common misunderstandings about the Act

A few points trip people up regularly. First, Class 3 gambling is society fundraising with large prizes, not casino table games — casinos are regulated separately. Second, the Gambling Act 2003 did not replace a “1987 Gambling Act” (there was none); it replaced the Gaming and Lotteries Act 1977 and the Casino Control Act 1990. Third, playing on an overseas website was not itself an offence under the 2003 Act — the law targeted operators and advertisers — but the 2026 reforms now require any online casino serving New Zealanders to be licensed. Finally, the DIA and the Gambling Commission are different bodies: the DIA regulates and licenses, while the Commission is an independent appeals and casino-licensing authority.

Responsible gambling and disclaimer

This article is general information about New Zealand gambling law and is not legal advice. Gambling always carries a risk of losing money, and it can become harmful. If gambling is affecting you or someone you know, free and confidential help is available in New Zealand through the Gambling Helpline on 0800 654 655 (or text 8006) and gamblinghelpline.co.nz. Only gamble with money you can afford to lose, and use licensed operators listed on the DIA’s public register.

Frequently Asked Questions (FAQ)

Does the Gambling Act 2003 cover online casinos?

Only partly. The 2003 Act made it unlawful to operate remote interactive gambling from within New Zealand. Online casino gambling for New Zealand players is now governed by the separate Online Casino Gambling Act 2026, which introduced a licensing system from 1 May 2026, with only licensed operators permitted to serve the market from 1 December 2026.

Who enforces the Gambling Act 2003?

The Department of Internal Affairs is the main regulator and handles licensing, inspections and enforcement. The Gambling Commission is a separate, independent body that approves casino licences and conditions and hears appeals against the Department’s decisions on Class 3 and Class 4 gambling.

What are the four classes of gambling?

They group non-casino, non-lottery gambling by value and risk. Class 1 (prizes and turnover up to $500) and Class 2 (prizes up to $5,000, turnover up to $25,000) need no licence; Class 3 (prizes over $5,000) and Class 4 (non-casino pokies) both require licences. Casinos and the Lotteries Commission are regulated separately.

Is it legal to advertise an overseas casino in New Zealand?

No. Section 16 of the Act makes advertising overseas gambling or an overseas gambling operator in New Zealand an offence, with a fine of up to $10,000 on conviction. Limited incidental exceptions exist, but actively promoting an offshore gambling site to New Zealanders is not allowed.

What is the minimum age to gamble in New Zealand?

You must be 18 or over for non-casino pokies, TAB betting and Instant Kiwi, and 20 or over to enter a casino’s gambling area. Licensed online casino play under the 2026 rules has a minimum age of 18.